By Rich Kozlovich
Since there's all this foofaraw about the federal courts setting themselves up as mini Presidents, and the recent SCOTUS ruling telling them they're not, I think this chart is important.
As Jeffrey Tucker notes in his article The Curbing of the Administrative State regarding the SCOTUS ruling:
The opinion could not be plainer: “Universal injunctions likely exceed the equitable authority that Congress has given to federal courts.” That principle applies not only to this case but to the whole panoply of cases that have tethered the ability of the president to manage executive branch operations. The courts have presumed authority over the president that the Constitution plainly does not grant.
He goes on to state the government as it's been configured is in effect contrary to the intent of the Constitution. The elected officials are supposed to be in charge, not unelected bureaucrats saying:
The answer has been hiding in plain sight all this time. It took a dramatic and domestic exercise of administrative power, one that hit us all our lives personally, to reveal the extent of the problem. It comes down to the approximately 425 agencies with millions of permanent employees that are the real government in the United States........In 2014, just two years before Trump’s first term, the scholar Philip Hamburger wrote “Is Administrative Law Unlawful?” His argument was that this machinery does not exist in the Constitution. There is no such thing as an agency that is independent of presidential control................
All these court issues are predicated on the fact Trump is exposing to the America people how corrupt it all has become, which is the lesson he learned after his first term after being stabbed in the back by people who were disloyal, and bureaucrats who undermined everything he was attempting to do. So he issued executive orders and triggered a fight that was long overdue.
The chart shows who in charge of the federal government, and it's not the legislature, and it's not the judiciary. It's the Chief Executive, and that's the President of the United States.
Harry Truman flew to Wake Island to confront Douglas MacArthur over their differences regarding the Korean War, and protocol demanded MacArthur stand at the stairs to greet the President of the United State. He didn't, and that went on for 45 minutes. Finally when they were alone he told MacArthur, and I'm paraphrasing here, "I don't care what you think about Harry Truman, but don't you ever disrespect the President of the United States that way again. "
Well, that's Trump's view of reality. He doesn't much care what you think about Donald Trump, but they're not gong to get away with disrespecting and disregarding the President of the United States.
Unfortunately, the battle is far from over, just as one district judge Brian Murphy openly defied the court refusing to follow the ruling of the Supreme Court, there are two other ways these radical leftist judges and attorneys can subvert the ruling an the obvious intent of the Constitution. Class action lawsuits, which normally aren't so easy to bring into being, but if the jurists are corrupt, and we already know a bunch of them are, that will not be a deterrent, since like Ketanji Brown Jackson, they could care less about the rule of law. However, the Administrative Procedure Act of 1946 will clearly be problematic, as the wording is an open ended invitation for abuse by district courts, and is an issue either the Congress, SCOTUS, or both will be forced to address. Make no mistake, this is far from over.
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